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Charges reinstated in alcohol breath testing equipment case

The criminal cases against Clark and John followed a four-month-long investigation.
 A Michigan State Police trooper pulls over a driver for a traffic violation. (MSP Photo)
A Michigan State Police trooper pulls over a driver for a traffic violation. (MSP Photo) (WLUC)
Updated: May. 11, 2021 at 1:19 PM EDT
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LANSING, Mich. (WILX) - Tuesday Michigan Attorney General Dana Nessel announced a circuit court judge has reinstated charges against one of two men contracted to service breath alcohol testing instruments used by law enforcement in the Lower Peninsula.

The instrument, DataMaster DMT (DataMaster Transportable), is commonly known as a breathalyzer and measures the alcohol level of drivers who are suspected of drunk driving.

In 2020, Michigan Attorney General Dana Nessel filed charges against Andrew Clark of Oxford and David John, both of Kalamazoo, for creating fictitious documents related to certain diagnostic tests and repairs on DataMaster DMTs.

John pleaded guilty in October to all nine charges he faced:

  • three counts, forgery of a public record;
  • three counts, uttering and publishing; and
  • three counts, use of a computer to commit a crime.

John was sentenced to 36 months’ probation with the first nine months to be served in the Kalamazoo County Jail with credit for one day served. He is currently still in jail.

In December, Eaton County District Court Judge Julie O’Neill found no probable cause to send Clark to trial. That ruling was appealed by AG Nessel and overturned by visiting 56th Circuit Court Judge David Jordan Monday afternoon.

The reversal means the case is remanded back to district court with instructions to bind over the defendant on his original charges.

The charges against Clark are:

  • two counts, forgery of a public record, a 14-year felony charge;
  • two counts, uttering and publishing, a 14-year felony charge; and
  • two counts, use of a computer to commit a crime, a 10-year felony charge.

“I applaud Judge Jordan’s reversal and appreciate the work done by my Public Integrity Unit and Michigan State Police on this case,” Nessel said. “Those who hold positions of trust at any level of our justice system must be held to a high standard.”

A new court date for Clark has not been set.

The criminal cases against Clark and John followed a four-month-long investigation led by the Attorney General’s Public Integrity Unit and the Michigan State Police (MSP).

“From the time we first uncovered discrepancies, the MSP was committed to conducting a complete and thorough investigation, and to being as transparent as possible regarding the outcomes of this situation,” stated MSP director Col. Joe Gasper, when the charges were filed. “We recognize the critical role these instruments can play in drunk driving convictions and we are confident that a properly calibrated and maintained DataMaster remains an extremely reliable instrument.”

The DataMaster DMT (DataMaster Transportable), is commonly known as a breathalyzer and measures...
The DataMaster DMT (DataMaster Transportable), is commonly known as a breathalyzer and measures the alcohol level of drivers who are suspected of drunk driving.(Michigan State Police)

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